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Our strata's 1st AGM was held a few years ago in June. However subsequent AGMS are usually held in January or February. We are in NSW and I understand the AGM is meant to be on the anniversary of the first AGM plus or minus a month. Also, the first AGM was held before the strata plan was registered and when the building was still on company title. NOne of this seems right to me. Am I missing something?
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I know that our first AGM was held after our strata plan was registered and each AGM since has been held in the same month about the same date (give or take a couple of weeks now and again).
Though this consistency hasn't helped owners who still wait to show up at the AGM with their list of grievances instead of having them included in the agenda!
Clive2000,
It’s not technically possible for the first AGM to be held before the strata plan was registered, as the first AGM isn’t held until the point after 1/3rd of units of entitlement has changed from the original owner. You also want to hold your AGM at a point after the annual accounts and the accounts should be no more than 2 months old.
To tidy things up you OC may want to obtain an order from the CTTT to vary the anniversary of the AGM, setting it for half way through the 2nd month after the annual accounts.
I’m sure there are some more details involved with this situation…..
Mr Strata
I would refer the readers to adjudication SCS 11/18269 (NOT AVAILABLE ON WEBSITES SO DON’T WASTE YOUR TIME SEARCHING FOR IT).
A matter of a SP that has held its AGM outside the AGM period for the last 6 consecutive years. On three of those occasions the audit was more than two months old.
An order sought was that the OC be required to comply with the relevant sections of the Act in future.
All the AGM minutes were sent as evidence and the auditors reports that showed the dates were included. There was no doubt regarding the assertions being made in the application.
The slowness of the auditor in doing the audit annually leads to the AGM being late and half the time the audit is not back in time for it to comply with s106 of the Strata Act; i.e it gets presented more than 2 months after its preparation date.
CTTT dismissed the application essentially because “the audit was in the hands of a third party being the auditor” and the adjudicator acknowledged that “this may delay the date of the AGM”.
Late AGM's and out of date audits are not matters that warrant correction from CTTT.
Orders genertally have a two year validity and so the sought order would have “forced” the OC to get its act together for the next two years. What was sought was not a remedy order but a preventative order. CTTT don't do preventative.
The obvious solution to the case above was to get another auditor; a concept the OC would not entertain. There was also the option of closing the books on the first day of the AGM period to give the auditor two extra weeks of time but this option still cut a fine line given the auditor generally takes 6-8 weeks. Changing the date of the AGM was not a solution in this case
As much as the Act says do this and do that; CTTT keep finding ways to excuse non-compliance.
Out of period AGM's …. let it go.
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